Pernell W. McGuire

Managing Partner

Practice Areas


Mr. McGuire is an Arizona attorney dedicated to providing bankruptcy and debtor/creditor services to people and businesses throughout Arizona for over twenty two years. Mr. McGuire has been certified by the Arizona State Bar Board of Legal Specialization as a specialist in Bankruptcy since 1999.  Mr. McGuire has the highest possible  “AV Preeminent” rating by the Martindale-Hubbell Peer Review Ratings system.

Mr. McGuire has personally handled thousands of bankruptcy and collection cases on behalf of both debtors and creditors in state, federal and tribal courts in Arizona, Utah, Colorado, Nevada, Texas and New York. In addition to his practice, Mr. McGuire has served as a lecturer of business law at Northern Arizona University. Mr. McGuire is also a member of the bankruptcy advisory commission of the Arizona State Bar Association, the committee responsible for certifying bankruptcy specialists in Arizona.

Education

  • Brigham Young University, J. Reuben Clark School of Law, Provo, UT (J.D., cum laude, 1991)
  • Brigham Young University (B.S., Accounting, 1988)

Court Admissions

  • State of Texas, 1991
  • State of Arizona, 1994
  • Navajo Nation
  • Hopi Tribal Courts
  • U.S. Court of Appeals, 9th Circuit

Practice Areas

  • Bankruptcy and Debtor/Creditor Services
  • Chapter 7, 11 and 13 Bankruptcy

Professional Memberships & Activities

  • State Bar Certified Bankruptcy Law Specialist

 

Publications & Presentations

  • Discharge of Payroll Taxes in Bankruptcy, August, 2012
  • Chapter 11, Not Just for Corporations Anymore, May, 2012
  • Allowance of 401(k) Contributions in Chapter 13, American Bankruptcy Institute Journal, February, 2010

Trials & Representations
Representation of debtors in chapter 11 cases

  • Lead counsel to owner of shopping center facing foreclosure. Prevented foreclosure and represented debtor in sale of the shopping center for $14.6 million providng for full payment to all creditors and return of substantial payment to debtor
  • Confirmation of chapter 11 plan on behalf of individual debtors restructuring indebtedness on five real estate investment properties valued at approximately $2 million
  • Representation of debtor before 9th Circuit Court of Appeals and obtained reversal of $1.07 million judgment

Representation of creditors

  • Lead counsel for creditor in chapter 11 case obtaining relief from the automatic stay allowing the creditor to foreclose on its collateral valued at $1.2 million
  • Obtained judgment exceeding $1.3 million on behalf of creditor in garnishment action against major bank who released garnished funds. Case settled while on appeal for seven figures

Reported cases

  • Cristall v. Cristall, 225 Ariz. 591, 242 P.3d 1060 (App. 2010)
  • Dupont v. Reuter, 220 Ariz. 303, 206 P.3d 459 (2009)
  • Staff Relief v. Polacca, 8 Nav. R. 49 (Nav. Sup. Ct. 2000)

Current Events


  • Pernell McGuire’s most recent article, “Arizona’s Exemption Statutes: Long-Overdue Changes Enacted” can be viewed in the December issue of Arizona Attorney.

Awards & Recognition


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